The loss of a loved one is always devastating. But when their death occurs in circumstances involving a government or state institution, it can raise serious questions about accountability and justice.
If someone close to you passes away while in state care, an Article 2 inquest may be called for. An inquest is an official enquiry into how a person died. An Article 2 inquest is an enhanced inquest process that also investigates whether the state has failed in its duty to keep a person safe.
To help you understand what to expect, here we explain what an Article 2 inquest is. We’ll look at how it differs from a standard inquest, the Article 2 inquest process, and how Injury Lawyers 4U can help support you.
What is an Article 2 inquest?
An inquest is a formal investigation conducted by a coroner to try and understand how a person died. It seeks to answer questions like the identity of the deceased, the cause of death, and the time and location of death.
An Article 2 inquest is a particular type of inquest that seeks to find out how a person died, but also whether or not the state or its institutions failed in their duty to protect life.
In this case, state institutions are state-led organisations that are responsible for holding and/or caring for individuals. This includes secure mental health units, police custody, prisons, immigration detention centres and the military.
For example, if someone being detained dies whilst in police custody, an Article 2 inquest may try to understand how that person died, where it happened, and at what time. On top of that, the inquest will examine if there were failures in the police’s responsibilities. This could include whether the detainee wasn’t cared for properly or if medical assistance wasn’t provided fast enough.
Other examples of when an Article 2 inquest may be called for could be:
- The death of someone living in a military barracks
- An apparent suicide in prison
- The death of a patient in a secure mental health unit
- A fatality during a police chase or shooting
Why is it called an Article 2 inquest?
It’s called an Article 2 inquest because the inquest is triggered due to Article 2 of the European Convention on Human Rights (ECHR).
Article 2 states that:
Everyone’s right to life shall be protected by law. No one shall be deprived of his life intentionally save in the execution of a sentence of a court following his conviction of a crime for which this penalty is provided by law.
This means that the state and its institutions have a duty to protect human life and must put in place steps to safeguard people’s lives.
How is an Article 2 inquest different from other inquests?
A standard inquest seeks to answer:
- How did a person die?
- Who was the person?
- Where did they die?
- When did they die?
An Article 2 inquest answers these same questions, but also seeks to understand whether or not there were failures in an institution’s duty to protect human life.
There are a few other differences too, in terms of the scope and funding of Article 2 inquests. In summary, the key differences between a standard inquest and an Article 2 inquest are:
- A broader investigation: An Article 2 inquest not only looks at how a death occurred, but it also examines systemic failures and whether a state institution breached its duty to protect life.
- Jury involvement: Inquests are usually decided by a judge. Many Article 2 inquests also include a jury, which helps ensure transparency and accountability.
- Narrative conclusions: Instead of a relatively simple cause of death, the coroner may deliver a more detailed explanation of the systemic failures and contributing factors that led to the death.
- Legal aid availability: Bereaved families are often eligible to secure additional legal aid to ensure they have representation during proceedings.
What is the Article 2 inquest process?
The details of an Article 2 inquest can vary from case to case, but they typically involve the following key steps:
- Determining whether ECHR Article 2 applies: The coroner assesses whether state involvement in the death requires a wider right to life investigation under Article 2.
- Pre-inquest and evidence gathering: A post-mortem may be conducted. Evidence will be gathered too, such as witness statements, medical records, CCTV footage and institutional reports.
- The inquest hearing: The evidence will be examined in a court setting by the coroner conducting the inquest and witnesses will be called. The family of the deceased is allowed to be present, and a jury may sit to decide on the case.
- The coroner’s conclusion: The coroner delivers their conclusion and outlines the causes of death and whether institutional failings occurred, usually in the form of narrative findings. The coroner may also issue a Regulation 28 report.
The family of the deceased will be able to participate throughout the inquest, by providing evidence, questioning witnesses and ensuring their concerns are addressed. Good legal representation can help make sure the family can participate effectively during the inquest and that their concerns and wishes are heard and taken into consideration.
Funding for an Article 2 inquest
Getting good legal representation is crucial for an Article 2 inquest, but it’s only natural to be concerned about how much that could cost and how you’ll pay for it. You usually have a couple of options when it comes to inquest legal funding:
- Legal aid: Public funding is often available for families involved in Article 2 inquests via legal aid.
- Private funding and insurance: Some families may choose to hire legal representation privately, including covering at least some of the cost through legal expenses insurance.
What happens after an Article 2 inquest?
An Article 2 inquest can lead to a number of possible outcomes, including:
- Narrative findings: The coroner in charge of the Article 2 inquest typically produces and issues a detailed statement outlining the circumstances and systemic failures that contributed to the death. This is called a narrative conclusion or narrative findings.
- A Regulation 28 report: The coroner may also issue a Regulation 28 Prevent Future Deaths (PFD) report to the institutions involved, outlining concerns and recommended steps to prevent further deaths occurring.
- Civil claims: Based on the results of the inquest, families may be able to pursue civil claims for negligence or compensation against the institutions involved, such as for criminal injuries or actions against the police.
Why professional legal support matters in Article 2 inquests
Navigating the steps of an Article 2 inquest can be complex and emotionally challenging. Having experienced legal support by your side can make a significant difference. With the right legal support, you’ll be clear about what will happen. However, it will also ensure the inquest is fair, that the right evidence is considered, and that justice is achieved.
The right legal representation can:
- Provide expert guidance: Helping you understand all the steps and legal procedures involved in an Article 2 inquest and the rights of you and your family.
- Help you prepare your legal arguments: A legal representative can assist you in clarifying your thoughts and evidence, and can help you prepare your arguments in a way that will be accepted and persuasive.
- Provide advocacy in court: A legal team can ensure your family’s voice is properly heard during the inquest and that you have the opportunity to fairly challenge institutional failures.
- Help guarantee accountability and change: With good legal advocacy, you increase the chances that the institutions at fault will be held accountable and that meaningful change will be enacted to prevent future deaths.
Help through an Article 2 inquest from Injury Lawyers 4U
Losing a loved one is difficult enough, but it can be even more difficult to deal with if your loved one dies whilst in the care of a state institution where they should have been safe. An Article 2 inquest can provide much needed answers, establish accountability, and lead to systemic change.
If you believe an Article 2 inquest applies to your case, or an Article 2 inquest has been triggered, it’s important to seek legal advice to ensure a thorough and fair investigation. At Injury Lawyers 4U, we understand the emotional and legal complexities involved in these cases. Our experienced legal team is here to support you every step of the way. Call us on 0333 400 4445 or fill in a contact form and we’ll get back to you ASAP.